EXPLANATORY STATEMENT
Statutory Rules No. 121
Seamen’s War Pensions and Allowances Act 1940
Seamen’s War Pensions and Allowances Regulations (Amendment)
Issued by the Minister for Veterans’ Affairs
Section 59 of the Seamen’s War Pensions and Allowances Act 1940 (the Act) provides that the Governor-General may make Regulations, not inconsistent with the Act, prescribing all matters which are by the Act required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
These Statutory Rules repealed Part V of the existing Seamen’s War Pensions and Allowances Regulations, which provided for reviews by the Repatriation Commission of grants of benefits under the Act. Part V had been made redundant by an amendment made by the Veterans’ Affairs Legislation Amendment Act 1987 (Act No. of 1987, Assented to June 1987), which inserted a formal review mechanism in the Act.
Repeal of Part V
Part V of the Seamen’s War Pensions and Allowances Regulations (comprised solely of existing Regulation 40) provided for the review by the Repatriation Commission of grants of benefits under those Regulations. The Commission was not bound by Regulation 40 to conduct such a review, even though “sufficient reason” may have existed to warrant a review.
A new Part IVA was inserted in the Act by section 71 of the Veterans’ Affairs Legislation Amendment Act 1987 (Act No. of 1987, Assented to June 1987). New Part IVA provided a formal mechanism under which the Repatriation Commission undertook reviews of decisions relating to applications for allowances and benefits under the Seamen’s War Pensions and Allowances Regulations.
Consequential upon the insertion of Part IVA in the Act, Part V of the Seamen’s War Pensions and Allowances Regulations was no longer required, and has been repealed by this Regulation.